HomeMy WebLinkAbout03-148 CC ResolutionRESOLUTION NO. 03-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A GRANT OF STORM DRAIN
EASEMENT WITHIN LOT 106 OF TRACT MAP NO. 23143-8
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, The City Council of the City of Temecula does hereby find, determine and
declare that:
Tract Map No. 23143-8 was graded to include a private water quality
mitigation basin from which a public storm drain conveys flows to an
existing storm drain system;
The owners of Tract Map No. 23143-8, PCClll-Crowne Hill 100, LLC, a
Delaware limited liability company, are hereby submitting a grant of storm
drain easement;
C. Acceptance of the easement serves both the public and private interests of
the community.
WHEREAS, The City Council of the City of Temecula hereby desires to accept the grant
of storm drain easement by PCClll-Crowne Hill 100, LLC, a Delaware limited liability company
as described in Exhibit "A" and shown in Exhibit "B" attached hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts the grant of storm drain easement by PCClll-Crowne Hill 100, LLC, a Delaware
limited liability company.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecuia at
a regular meeting held on the 22nd day of October, 2003.
ATTEST::"
R:/Resos 2003/Resos 03-148 I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-148 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following
vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
R:/Resos 2003/Resos 03-148 2
· RECORDING REQUESTED BY:
City of Temecula, California
AFTER RECORDING MAIL TO:
City Clerk
City of Temecula
P.O. BOY, 9033
Temecula, CA 92589-9033
ABOVE SPACEFOR RECORDER'S USE
STORM DRAINAGE EASEMENT
THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF
TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO
SECTION 6103 OF CALIFORNIA GOVERNMENT CODE.
ASSESSOR PARCEL NO. 952-620-041
PROJECT NO. Tract No. 23143-8
PCC III-Crowne Hill 100, LLC, a Delaware Limited Liability Company, hereinafter designated
GRANTOR, represent that they are the owners of the hereinafter described real property, and for
a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain,
convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside,
State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual
STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the
hereinafter described real property for the installation, construction, maintenance, repair,
replacement, reconstruction, and inspection of a storm drainage system including any and all
structures and appurtances incidental thereto designed to convey storm water runoff through the
property of the GRANTOR, together with the right to have and hold said easement and right-of-way
unto itself and unto its successors and assigns forever and to convey said easement, or any portion
thereof, to other public agencies.
The real property referred to herein above and made subject to said easement by this grant is
situated in the City of Temecula, State of California, and is more particularly described as follows:
(See exhibits "A" & "B" attached and incorporated herein by this reference
as set forth in full)
The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise
obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE,
its successors or assigns without the express written consent of the GRANTEE as demonstrated
by issuance of an Encroachment Permit issued by the GRANTEE.
The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees
bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and
right-of-way.
The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in
good repair the above described works and shall have a right-of-entry upon the property of the
GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the
above described works of improvement.
H:~PDATA~15100245\OFFICE~WPWIN~245Igl017A.wpd
There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use
the above described land of the GRANTOR at any time, in any manner and for any purpose not
inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the
rights and privileges herein granted.
The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any
and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed
by reason of the location, design, construction or maintenance of said drainage facilities or said
easement.
WITNESS WHEREOF, the GRANTOR has executed this instrument this ..5 day of .~U~/~
,2ooZ.
GRANTOR:
PCC III-CROWNE HILL 100, LLC, A DELAWARE LIMITED LIABILITY COMPANY.
BY: GREYSTONE HOMES, INC., A DELAWARE CORPORATION , ±t:s ~[anaset'
By: By:
,,~.~ (~g~ here)
(~6t) '" // - -
(title) (title)
(sign here)
(Print)
(President or vice-president and secretary or assistant secretary must sign for corporations. Ifonly
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
H:~PDATA~15100245~OFFICE~WPWIN~2451g[017A,w~)d
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of Riverside
On/~,~/~-g~efore
personally appeared
ss.
me, Julie Chrisman, Notary Public
NaR a~ ~ ~ Ollice f (e.g., 'Jane D~, Nota~ Public')
John Baayoun
~1 personally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person0Q whose name~) is/~
subscribed to the within instrument and
acknowledged to me that he/,~h~j6~, executed
the same in h i s/h,6/'/.tl%ff) r authorized
capacity0'~s), and that by his/i'j'~r/,tJ~)t
signature,f~ on the instrument the person(~, or
the entity upon behalf of which the person(~)
acted, executed the instrument.
Though the information below is not requirod by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual
[] Corporate Officer -- Title(s):
[] Partner -- [] Limited [] Ge~p4~l
[] Attorney in Fact
[] Trustee
[] Guardian or C~;~ervator
[] Other:
Sign s Representing: ~ ,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of ss.
On~ ~ ~'~t? 7, before me
personally appeared ~/-/~
N~rne(s) of Signer(s)
prorSOnally known to
me
ved to me on the basis of satisfactory
evidence
to be the person~e~ whose name_~(.~ is/~3re'~
subscribed to the within instrument and
acknowledged to me that he/,~/tbe~executed
the same in his/l'~e~/t~.~ authorized
capacity(i,~, and that by his/fJed~hef~
signature(,~on the instrument the person(,~, or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand ~3nd official seal.
OP
Though the information below ia not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual
[] General
[] Attorney in
[] Trustee
[] Guardian
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CITY OF TEMECULA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION OF REAL PROPERTY
This is to certify the easement dedication dated ,200._Z for a STORM DRAINAGE
EASEMENT granted by PCC III-Crowne Hill 100, LLC, a Delaware Limited Liability Company, to
the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council
pursuant to Government Code Section 27281. Said easement was accepted on
,2003. The GRANTEE consents to the recordation thereof by its duly authorized officer.
CITY CLERK'S OFFICE:
Date: ,2002. Attest:
Susan W. Jones, CMC, City Clerk
H:~PDATA~15100245~OFFICE~WPWIN~451gl017A.wpd
RBF CONSULTING
27555 Ynez Road, Suite 400
Temecula, CA 92591
EXHIBIT "A"
August 15, 2002
.IN 15100245-M17
Page I of 1
Tract No. 23143-8
STORM DRAINAGE EASEMENT
That certain parcel of land situated in the City of Temecula, County of Riverside, State of California,
being that portion of Lot 106 of Tract No. 23143-8 filed in Book 313, Pages 81 through 91 of
Maps in the Office of the County Recorder of said Riverside County, described as follows:
BEGINNING at the most southerly comer of said Lot 106, said comer being a point on a curve in
the northeasterly right-of-way line of Butterfield Stage Road (110.00 feet wide) as shown on said
map concave northeasterly and having a radius of 1145.00 feet, a radial line of said curve from said
point bears North 39°25'56" East;
thence along the southeasterly line of said lot North 39°25'56" East 36.51 feet;
thence North 83°35'38" West 12.02 feet;
thence South 35049'08'' West 29.98 feet to the non-tangent intersection with said curve in the
northeasterly right-of-way line of Butterfield Stage Road, a radial line of said curve from said point
bears North 39o50'33" East;
thence along said curve and northeasterly right-of-way line southeasterly 8.20 feet through a central
angle of00°24'37" to the POINT OF BEGINNING.
CONTAINING: 307 Square Feet.
SUBJECT TO ail Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared by me or under my direction.
Lawrence L. Bacon, P.L.S. 3527 /
My license expires 6/30/04.
H:xvv^xt, us ~0024sxomcmwvwnm45]g017.wa ~ Exp. 6-30-200~
0 6O 120 180
GRAPHIC SCALE
TRACT NO, 23143-8
MB 313/81-91
TRACT NO. 23143-6
MB 313/58-70
80
106 ~
86
%
DATA TABLE ~ .
~ ................................... ~ ~ DATA TABLE
{~) BRNG/DELTA RADIUS LENGTH ~7-~'~ ..................................
....................... ~NO) BRNG/DELTA RADIUS LENGTH
1 S87'00'51"W -- 24.85' ~ ...................................
2 N89°OS'43"W -- 49.84' 15 42'03'21" 70.00' 51.38'
3 63'10'32" 2.00' 2.21' 16 S89'49'27"W -- 83.75'
4 S27°45'45"W -- 22.37' 17 N22'O6'12"E -- 27.11'
5 S22°06'12"W -- 34.15' 18 N27'45'45"E -- 15.73'
6 N83°35'38"W -- 83.18' 19 63'10'32" 2.00' 2.21'
7 S35'49'08"W -- 29.98' 20 S89°03'43"E -- 42.17'
8 00°24'37" 1145.00' 8.20' 21 S71'44'52"E -- 21.65'
9 01'05'36" 1145.00' 21.85' 22 15'35'59" 70.00' 19.06'
10 N35'49'O8"E -- 14.17' 23 28°52'51" 70.00' 35.28'
11 S83'35'38"E -- 69.99' 24 N85°35'38"W -- 71.16'
12 S69°34'38"E -- 21.14' 25 S39°25'56"W (R) 36.51'
13 N89°49'27"E -- 105.22'
14 10'55'24" 70.00' 13.35' SHEET ! DF ! SHEET
EXHIBIT 'B'
STORM DRAINAGE
EASEMENT
CONSULTING
27555 YNEZ ROAD, ~UITE 400
~ CALFORNIA 92591-4679
~9.676.8042 · FAX 909.676.7240 ·
REVISED 08/16/02 SCALE FIELD ]~DDK JB~ ND.
NOVEMBER 5, 2001 1"=60' 15100245-M17